From April 2018, EPC’s with F & G rated properties cannot be let. Do I need to evict existing tenants?

31 07 2015

We have gathered a few more Q&As from tenants and landlord asking us for advice. Hope you find these useful. If you have any specific question regarding your investment property and/or tenancy, do not hesitate to contact us on stoke-on-trent@belvoirlettings.com or 01782 478444. We are always happy to help.

 

Q. From April 2018, EPC’s with F & G rated properties cannot be let. Do I need to evict existing tenants?

A. No. It will only apply to relets to new tenants after April 2018. At that point, unless a landlord can show he has done all reasonable works demanded to get to E or above rating he will be unable to re-let the property.

 

Q. When do a tenant needs to pay his first month’s rent and deposit? Landlord would like payment now but tenancy starts in about 5 weeks. The property is empty.

A. In Law a tenancy not created by deed can only take effect in possession. Therefore legally there will not be any tenancy till possesion is given over and as such the tenant can change their mind and argue they pulled out before tenancy commenced. If either party pulls out, it may be that Court would accept the signed document as an agreement to set up a tenancy from the start date and therefore hold a party breaching this liable. It is important for the landlord to understand this will commmit him as much as the tenant and the deposit should be dealt with within 30 days of receipts, not the start of the tenancy.

 

Q. I have a tenant who is a child minder. Does this count as a business?

A. Yes, strictly speaking, this is a business. As business use is prohibited in the standard tenancy agreement, you should let her know that this will cause difficulty. You also need to check that mortgage holder and insurers would find it acceptable.

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